North Dakota Code 43-17.1-05.1 – Reporting requirements – Penalty
1. A licensee, a health care institution in the state, a state agency, or a law enforcement agency in the state having actual knowledge that a licensee may have committed any of the grounds for disciplinary action provided by law or by rules adopted by the board shall report that information in writing to the investigative panel of the board within thirty days from the date of occurrence or action. A medical licensee or any institution from which the medical licensee voluntarily resigns or voluntarily limits the licensee’s staff privileges shall report that licensee’s action to the investigative panel of the board if that action occurs while the licensee is under formal or informal investigation by the institution or a committee of the institution for any reason related to possible medical incompetence, unprofessional conduct, or mental or physical impairment within thirty days.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 30 days | up to $1,500 |
Terms Used In North Dakota Code 43-17.1-05.1
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. In addition to the reporting requirements in subsection 1, a licensee shall report the following to the board within thirty days:
a. A citation, charge, arrest, or conviction of any violation of law, other than minor traffic citations.
b. A malpractice judgment or settlement made on behalf of an individual licensee. c. Discipline by a licensing board, agency, or professional association.
d. An action affecting or limiting privileges or credentials.
e. A health care facility restriction of privileges due to practice concerns or discipline for reasons relating to the licensee’s clinical competence which results in a limitation, restriction, suspension, revocation, relinquishment, or nonrenewal of the licensee’s privileges to avoid an investigation or other disciplinary action.
f. A condition that impairs the licensee’s ability to practice the profession in a competent, ethical, or professional manner. If the licensee is under treatment and able to practice in a competent, ethical, and professional manner, the condition does not need to be reported. A licensee also does not need to report under this section if the licensee has a current contract with the North Dakota professional health program and is in compliance with program requirements.
3. Upon receiving a report concerning a licensee an investigative panel shall, or on its own motion an investigative panel may, investigate any evidence that appears to show a licensee is or may have committed any of the grounds for disciplinary action provided by law or by rules adopted by the board.
4. A person required to report under this section that makes a report in good faith is not subject to criminal prosecution or civil liability for making the report. For purposes of any civil proceeding, the good faith of any person that makes a report pursuant to this section is presumed. A physician who obtains information in the course of a physician-patient relationship in which the patient is another physician is not required to report if the treating physician successfully counsels the other physician to limit or withdraw from practice to the extent required by the impairment. A physician who obtains information in the course of a professional peer review pursuant to chapter 23-34 is not required to report pursuant to this section. A physician who does not report information obtained in a professional peer review is not subject to criminal prosecution or civil liability for not making a report. For purposes of this section, a person has actual knowledge if that person acquired the information by personal observation or under circumstances that cause that person to believe there exists a substantial likelihood that the information is correct.
5. An agency or health care institution that violates this section is guilty of a class B misdemeanor. A licensee who violates this section is subject to disciplinary action by the board as specified by law or by administrative rule.